Need to sponsor parents: Question about 485

[mario123]

Hello all,

Here's my scenario:

My wife and I are U.S. Citizens. I/we want to sponsor my wife's parents. They are in the U.S currently on a tourist/visitor visa. They have a 10-yr. multiple entry and have been coming to the U.S off and on, somtimes every 8 months due taking care of grand kids, etc. This time they can only stay for 3 months (till Dec) since that's all they got on the I-94:

My questions:

FYI: The reason they only got a 3 month stay this time is because the IO gave them a little bit of a hard time saying that they were coming too often. The IO also told them not to try and extend stay through a I538 (or whatever that form is called) We want them to stay for at least a yr. now.

1) Can I sponsor them, or does my wife have to do it?

2) Is it just the I-130 or do we have to file the 1-485 together? I'm thinking that if we file the I-130 and I-485 simultaneousely, then they will be allowed to stay back in the U.S until their case is resolved. Is that true?

3) Can we do all this while they are here or do they have to go back to their native country?

4) Anything else I should be aware of?

Please advise.

I appreciate all your help!

 

[Atlanta_Brother]

This is what I know

Hello all,

Here's my scenario:

My wife and I are U.S. Citizens. I/we want to sponsor my wife's parents. They are in the U.S currently on a tourist/visitor visa. They have a 10-yr. multiple entry and have been coming to the U.S off and on, somtimes every 8 months due taking care of grand kids, etc. This time they can only stay for 3 months (till Dec) since that's all they got on the I-94:

My questions:

FYI: The reason they only got a 3 month stay this time is because the IO gave them a little bit of a hard time saying that they were coming too often. The IO also told them not to try and extend stay through a I538 (or whatever that form is called) We want them to stay for at least a yr. now.

1) Can I sponsor them, or does my wife have to do it?

2) Is it just the I-130 or do we have to file the 1-485 together? I'm thinking that if we file the I-130 and I-485 simultaneousely, then they will be allowed to stay back in the U.S until their case is resolved. Is that true?

3) Can we do all this while they are here or do they have to go back to their native country?

4) Anything else I should be aware of?

Please advise.

I appreciate all your help!

Answers:

1) Your wife will sponsor her parents, not you.

2) I believe I-130 & 485 are filed both together.

3) Your wife should file for them immediately, especially while they are here. It makes a huge difference, esp when they are present in US. They will get their green card very soon but if they return back to their home country the wait will be very long. If you consult a lawyer, the first thing he or she will ask you is, are your parents here in US or back home. The process moves very fast if one is physically present in US, trsut me.

Good luck.

 

[boatbod]

Answers:

1) Your wife will sponsor her parents, not you.

2) I believe I-130 & 485 are filed both together.

3) Your wife should file for them immediately, especially while they are here. It makes a huge difference, esp when they are present in US. They will get their green card very soon but if they return back to their home country the wait will be very long. If you consult a lawyer, the first thing he or she will ask you is, are your parents here in US or back home. The process moves very fast if one is physically present in US, trsut me.

Good luck.

Well, I can't quantify the time it takes to process an I-485, but I can say that my Mum got her immigrant visa via CP in 7 months, which I figured wasn't too bad at all. I suspect going the AOS route may shave a month or two off the whole process, but it really depends which DO etc, etc.

 

[Aibolit]

Yes, your wife can sponsor her parents while they are here. In addtion to filing I-130 and I-485 together, they may want to file I-131 (in case they'll want to travel) and I-765 (if planning to work).

Her parents will be able to stay here until I-485 is approved, and beyond )